- 1 - HC-KAR NC: 2025:KHC:37596 WP No. 33351 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 33351 OF 2024 (GM-CPC) BETWEEN: SRI BYRAIAH S/O SIDDAIAH AGED ABOUT 50 YEARS, R/AT BEMMATHI VILLAGE, ALANAHALLI POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSORE DISTRICT. …PETITIONER (BY SRI. MURALI M, ADVOCATE) AND: 1. SRI. P.S. NAGENDRA RAO S/O LATE H.K. SUBBARA, AGED ABOUT 82 YEARS R/AT HOUSE NO. 23, HOLAKOTE, PERIYAPATNA TOWN, MYSORE DISTRICT - 573 116 2. SRI. S. LOKESHA S/O LATE B.H. SHIVANNE GOWDA, AGED ABOUT 49 YEARS R/AT IYALAPURA VILLAGE Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37596 WP No. 33351 of 2024 KASABA HOBLI, PERIYAPATNA TALUK MYSORE DISTRICT. …RESPONDENTS (BY SRI. NARAYANA V.S, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER DTD 30.09.24 PASSED IN OS NO. 137/24, ON THE FILE OF CIVIL JUDGE AND JMFC PIRIYAPATNA VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION (IA NO. 16) FILED UNDER ORDER 26 RULE 9 OF CPC AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Learned counsel appearing for the petitioner files a memo seeking withdrawal of the petition. The memo so filed reads as follows: "MEMO FOR WITHDRAWAL The undersigned counsel appearing for petitioner submits that, after filing of above petition, the suit filed by petitioner in OS No.137/2014, came to be decreed in favour of petitioner and hence the above petition becomes infractuous and hence the above petition does not survive for consideration. - 3 - HC-KAR NC: 2025:KHC:37596 WP No. 33351 of 2024 Wherefore, the petitioner prays that this Hon'ble court may be pleased to dismiss the above petition, as withdrawn in the interest of justice." In terms of memo, the petition is disposed as withdrawn. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 40 CT: BHK